2.2 Federal System in India: Evaluation of Federal Features


SIMPLY SMART

 

Introduction

India’s Constitution establishes a federal system with unitary bias.
According to D.D. Basu, India is “federal in structure but unitary in spirit.”
This means India possesses both federal characteristics (like division of powers) and unitary characteristics (like strong central authority).

The federal structure is reflected mainly in:

  • Division of powers

  • Separate governments

  • Written Constitution

  • Independent judiciary

But India’s strong central powers make it a “quasi-federal system”, a term used by K.C.

1. Meaning of Federal System

A federal system is a form of government where:

  • Powers are divided between Central Government and State Governments

  • Both operate within their jurisdictions

  • Neither level of government can abolish the other

  • The Constitution is the supreme legal authority

India follows a federation with a strong centre, designed to maintain unity in a diverse nation.

Keyword: Federal System in India

2. Federal Features of the Indian Constitution

These features show that India has a true federal character.

2.1 Written and Rigid Constitution

India has the longest written Constitution, which clearly defines powers of Centre and States.
Certain amendments require approval of both Parliament and State Legislatures.
This rigid structure ensures federal stability.

Keyword: Written and Rigid Constitution

2.2 Division of Powers (Union–State–Concurrent Lists)

The Seventh Schedule divides legislative powers into:

  1. Union List

  2. State List

  3. Concurrent List

This ensures that both levels of government function independently within their domains.

Keyword: Division of Powers in India

2.3 Dual Government Structure

There are two levels of government:

  • Central Government

  • State Governments

Both derive their authority directly from the Constitution.

Keyword: Dual Polity

2.4 Supremacy of the Constitution

Both Union and States must act within constitutional limits.
No authority can violate constitutional provisions.

Keyword: Constitutional Supremacy

2.5 Independent Judiciary

The Supreme Court acts as the guardian of the Constitution.
It settles disputes between:

  • Centre and States

  • States and States

This maintains federal balance.

Keyword: Federal Judiciary

2.6 Bicameral Legislature

The Parliament has two houses:

  • Lok Sabha

  • Rajya Sabha

The Rajya Sabha represents the States, protecting their interests in federal matters.

Keyword: Bicameralism and Federalism

3. Unitary Features That Weaken Federalism

India is not purely federal. It has unitary characteristics to maintain national unity.

3.1 Strong Centre

The Central Government controls:

  • Union List (largest powers)

  • All-India Services

  • Financial resources

  • Emergency provisions

States depend heavily on the Centre.

3.2 Single Citizenship

Unlike the USA, where citizens hold dual citizenship (State + National), India has only one citizenship.

3.3 Integrated Judiciary & Election Machinery

The judiciary and Election Commission are unified for all levels, not separate for each state.

3.4 Emergency Provisions (Articles 352–360)

During emergencies, the Centre can take complete control over the states.
This temporarily transforms India into a unitary system.

3.5 Governor’s Powers

The Governor, appointed by the President, can:

  • Reserve bills for the President

  • Recommend President’s Rule

  • Influence state administration

These powers strengthen the Centre.

3.6 Appointment of Key Officials

Central appointments include:

  • Governors

  • Election Commissioners

  • High Court Judges

  • CAG
    This reflects unitary authority.

4. Evaluation: Is India Federal or Unitary?

A balanced and exam-perfect evaluation:

4.1 Federal in Structure

India contains all essential elements of federalism:

  • Two governments

  • Division of powers

  • Independent judiciary

  • Bicameral legislature

  • Written Constitution

Thus, India qualifies as a federation.

4.2 Unitary in Practice During Circumstances

Several provisions increase central strength:

  • Emergency powers

  • Parliament’s control over State List during emergency

  • Financial dependence of states

  • All-India Services

In practice, the Centre is more powerful than the states.

4.3 Quasi-Federal System

Constitutional expert K.C. Wheare called India “quasi-federal”, meaning:

  • Federal form

  • Strong central bias

This suits India’s diversity and need for national unity.

4.4 Cooperative Federalism

Modern India follows cooperative federalism:
Centre and states work together on:

  • GST

  • NITI Aayog

  • National development programs

This improves federal balance.

Conclusion

India’s federal system is a unique blend of federal and unitary principles.
It contains classic federal features like division of powers and dual government, but also includes strong centralizing elements like emergency powers and central appointments.

Overall, India is best described as a “federation with a unitary spirit” or “quasi-federal system”, designed to maintain unity while respecting regional diversity.


For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise



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